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THE PEOPLE OF THE STATE OF NEW YORK, ex rel. ROBERT E. SPARROW, on Behalf of NORWOOD COOK, Appellant, v. SALLY JOHNSON, as Superintendent of Queensboro Correctional Facility, Respondent.

Appeal from the order dated November 21, 1983 dismissed, without costs or disbursements. No appeal lies from an order denying reargument (see, Coley v Michelin Tire Corp., 84 A.D.2d 546).

Judgments dated September 29, 1983 and October 20, 1983, affirmed, without costs or disbursements.

A review of the record before Criminal Term indicates that excluding the periods of delay chargeable to Norwood Cook, his final parole revocation hearing was scheduled on the ninetieth day after the probable cause determination, and was therefore timely (see, Executive Law § 259-i [f] [i]). Brown, J.P., Weinstein, Niehoff and Spatt, JJ., concur.

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PEOPLE EX REL. SPARROW v. JOHNSON
(May 19, 1986)